Section 165A — Work Health and Safety Act 2011: Powers relating to electronic equipment

(1) The powers of an inspector who enters a workplace under this Division include the power to operate electronic equipment on the premises to see whether: (a) the equipment; or (b) a disk, tape or other storage device that: (i) is on the premises; and (ii) can be used with the equipment or is associated with it; contains information relevant to whether this Act has been complied with. (2) The powers of an inspector who enters a workplace under this Division include the following powers in relation to information found in the exercise of the power under subsection (1): (a) if entry to the premises is under a warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection; (b) the power to operate electronic equipment on the premises to put the information in documentary form and remove the documents so produced from the premises; (c) the power to operate electronic equipment on the premises to transfer the information to a disk, tape or other storage device that: (i) is brought to the premises for the exercise of the power; or (ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises; and remove the disk, tape or other storage device from the premises. (3) An inspector may operate electronic equipment as mentioned in subsection (1) or (2) only if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. (4) An inspector may seize equipment or a disk, tape or other storage device as mentioned in subsection (2)(a) only if: (a) it is not practicable to put the information in documentary form as mentioned in subsection (2)(b) or to transfer the information as mentioned in subsection (2)(c); or (b) possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth.